Archived
One of my creditors listed is not receiving mail at that address...what is required to ensure they were legally noticed?
Brian's answer
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Answered on December 05, 2012
If the address you scheduled was the same as the last address on any communication from them, you are not required to do anything. Moreover,...
Archived
How do I know what to offer when trying to settle on an auto loan discharged in Chapter 7?
Brian's answer
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Answered on December 05, 2012
If you want to keep the car (and why wouldn't you since you have more than $3,000 equity in it?) ... send in a payment or two. The lender will be...
Archived
I filed a small claim against a person I loaned money to. They have filed a chapter 13 bankruptcy. Do I have any recourse?
Brian's answer
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Answered on December 05, 2012
Is it true that you filed a small claims action for the $281 filing fee?
Before I comment on suggestions that you see a lawyer ... how much did...
Archived
If a named co-trustee on an irrevocable trust files for chapter 13 bankruptcy due to the recent recession and banks taking homes
Brian's answer
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Answered on December 03, 2012
It seems clear that 15643(f) is invoked when a co-trustee files BK:
"a fair reading of the 8 California Probate Code §15643(f) would preclude a...
Archived
Can a credit card company come after me for none payment I am 80 years and have no assets
Brian's answer
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Answered on December 03, 2012
If Cap One is not going to settle for anything less than the total amount owed, you should, of course, stop paying the debt settlement company and...
Archived
Unexpected Vacation Payout and Chapter 7
Brian's answer
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Answered on November 30, 2012
Based on your facts ... it's all yours ... Enjoy.
Archived
Can a living trust be written if I just filed for bankruptcy?
Brian's answer
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Answered on November 29, 2012
Yes ... but you cannot transfer BK estate assets into the trust until your trustee abandons them.
Archived
Should I file bankruptcy before or after a sue? It is a car loan debt of about 17,000 dollars. Please help
Brian's answer
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Answered on November 28, 2012
This question has become more complicated than it really is. As "your local bankruptcy attorney" I can answer your question by telling you it does...
Archived
I want to file Chapter 7. I am disabled and am paying for a wheelchair accessible van. Do I have to exclude it to keep it?
Brian's answer
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Answered on November 27, 2012
No - you do not have to exclude it to keep it. Since you've only been paying for 19 months, you probably owe more than it's worth, so there's...
Archived
If creditor is notified and does not file a claim, can they turn over my account to some other company later during ch 13?
Brian's answer
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Answered on November 25, 2012
You have not told us how long you have been in your Ch13 or whether your Plan called for the surrender of your vehicle; but I suspect the other...
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